California 2009-2010 Regular Session Status: To Executive

AB 243 — Animal abuse: penalties.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that upon the conviction of a person for a violation of a specified law regarding the failure to care for animals, the court is authorized to make an order prohibiting the defendant, as a condition of probation, from owning, possessing, caring for, or having any contact with animals of any kind and to order the convicted person to immediately deliver all animals in his or her possession to a designated public entity, as specified. Existing law requires the court, in the event of acquittal or final discharge of a person arrested pursuant to these provisions, to direct the release of the seized or impounded animals, on demand, upon a showing of proof of ownership. This bill would instead require the court to make the orders above regarding ownership and forfeiture, as specified. The bill would require the owner to make additional showings in order for the court to direct the release of seized or impounded animals. Existing law provides that the cost of seizing, caring for, and treating any animal seized pursuant to specified provisions regarding the failure to care for animals shall constitute a lien on the animal and that the animal shall not be returned to its owner until the charges are paid. Existing law provides that no animal properly seized pursuant to these provisions shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit, or the owner can demonstrate that the owner can and will provide the necessary care. This bill would additionally apply these provisions to animals seized pursuant to a search warrant. The bill would, in the event that the owner has satisfied the lien, provide a process for the seizing agency or prosecuting attorney to file a petition seeking forfeiture of any animal, as specified. Existing law establishes various other crimes regarding cruelty to animals and the failure to care for animals. This bill would require the court, upon conviction of a person for certain of these crimes, in addition to any other sentence or penalty, to enter an order enjoining the person from owning, possessing, maintaining, having custody of, residing with, or caring for any animal within a specified period after conviction, and would make related changes. The bill would make a violation of this order a misdemeanor, as specified. The bill would provide that the court may, in the interest of justice, reduce the duration of, or, in the case of livestock owners, exempt a defendant from, these restrictions under specified circumstances. By creating a new crime and by increasing the duties of local humane officers, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 1 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 3158.)

  6. Assembly Rule 77 suspended. (Page 3152.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 28. Noes 4. Page 2167.)

  9. Read second time. To third reading.

  10. Read third time, amended. To second reading.

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 9. Noes 0.) (August 17).

  13. (Corrected August 25.)

  14. Read second time, amended, and re-referred to Com. on APPR.

  15. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14).

  16. In committee: Hearing postponed by committee.

  17. In committee: Hearing postponed by committee.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  19. Referred to Com. on PUB. S.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time, passed, and to Senate. (Ayes 65. Noes 12. Page 1925.)

  22. Read second time. To third reading.

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 13. Noes 1.) (May 20).

  25. In committee: Hearing postponed by committee.

  26. In committee: Hearing postponed by committee.

  27. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 0.) (April 14).

  28. Re-referred to Com. on PUB. S.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  30. Referred to Com. on PUB. S.

  31. From printer. May be heard in committee March 13.

  32. Read first time. To print.

Sponsors

  • Ammiano · Cosponsor
  • Portantino · Cosponsor
  • DeSaulnier · Cosponsor
  • Florez · Cosponsor
  • Lieu · Cosponsor
  • Nava · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 2 voted No

Sponsors (1)

  • Nava

Co-sponsors (5)

  • Ammiano
  • Portantino
  • DeSaulnier
  • Florez
  • Lieu

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 243 NAVA Concurrence in Senate Amendments

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 80005
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Bill — Yea
Tom — Yea
Ammiano — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Conway — Not Voting
Garrick — Not Voting
Gilmore — Not Voting
Bass — Yea
Duvall — Not Voting
Miller — Not Voting
Adams — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB243 Nava By Florez

Passed 29 Yea · 4 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 26408
Democratic 2000
Republican 1000
Total 29408
% of votes cast 71%10%0%20%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Not Voting
Cedillo — Not Voting
Harman — Not Voting
Huff — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Runner — Nay
McLeod — Yea
Alquist — Not Voting
Benoit — Yea
Ducheny — Yea
Dutton — Nay
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Nay
Hollingsworth — Nay
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Price — Not Voting
Simitian — Yea
Wiggins — Yea
Cogdill — Not Voting
Correa — Not Voting
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Total 9004
% of votes cast 69%0%0%31%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Wyland — Not Voting
Runner — Not Voting
Oropeza — Not Voting
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 243 NAVA Assembly Third Reading

Passed 75 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 701303
Democratic 3000
Republican 2100
Total 751403
% of votes cast 82%15%0%3%
How each member voted (92)
Member Party Vote
Carter — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Chesbro — Yea
Cook — Yea
Fuller — Yea
Galgiani — Yea
Hagman — Yea
Hall — Yea
Charles — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Knight — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Blakeslee — Yea
Krekorian — Yea
Lieu — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bill — Nay
Tom — Nay
Gilmore — Nay
Jeffries — Nay
Conway — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Yea
Bass — Yea
Duvall — Not Voting
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Nay
Adams — Yea
Anderson — Nay
Beall — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Price — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Garrick — Not Voting
Beth Gaines — Yea
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16102
Democratic 1000
Republican 1000
Total 18102
% of votes cast 86%5%0%10%
How each member voted (21)
Member Party Vote
Hall — Yea
Ammiano — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Harkey — Yea
Miller — Not Voting
Nielsen — Nay
Duvall — Not Voting
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 243 do?
Existing law provides that upon the conviction of a person for a violation of a specified law regarding the failure to care for animals, the court is authorized to make an order prohibiting the defendant, as a condition of probation, from owning, possessing, caring for, or having any contact with animals of any kind and to order the convicted person to immediately deliver all animals in his or her possession to a designated public entity, as specified. Existing law requires the court, in the event of acquittal or final discharge of a person arrested pursuant to these provisions, to direct the release of the seized or impounded animals, on demand, upon a showing of proof of ownership. This bill would instead require the court to make the orders above regarding ownership and forfeiture, as specified. The bill would require the owner to make additional showings in order for the court to direct the release of seized or impounded animals. Existing law provides that the cost of seizing, caring for, and treating any animal seized pursuant to specified provisions regarding the failure to care for animals shall constitute a lien on the animal and that the animal shall not be returned to its owner until the charges are paid. Existing law provides that no animal properly seized pursuant to these provisions shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit, or the owner can demonstrate that the owner can and will provide the necessary care. This bill would additionally apply these provisions to animals seized pursuant to a search warrant. The bill would, in the event that the owner has satisfied the lien, provide a process for the seizing agency or prosecuting attorney to file a petition seeking forfeiture of any animal, as specified. Existing law establishes various other crimes regarding cruelty to animals and the failure to care for animals. This bill would require the court, upon conviction of a person for certain of these crimes, in addition to any other sentence or penalty, to enter an order enjoining the person from owning, possessing, maintaining, having custody of, residing with, or caring for any animal within a specified period after conviction, and would make related changes. The bill would make a violation of this order a misdemeanor, as specified. The bill would provide that the court may, in the interest of justice, reduce the duration of, or, in the case of livestock owners, exempt a defendant from, these restrictions under specified circumstances. By creating a new crime and by increasing the duties of local humane officers, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 243?
AB 243 is sponsored by Ammiano, Portantino, DeSaulnier, Florez, Lieu, and Nava.
What is the current status of AB 243?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 243?
Track AB 243 free on One Click Politics — get push/email alerts when it moves.

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